Bonum Certa Men Certa

The UPC Gravy Train is Claimed to Have Been “Halted” in Germany and More Oppositions or Constitutional Complaints Are on Their Way

A shipwreck of UPC



Summary: More information surfaces in German and British media today, shedding light on the severity of the mortal situation of the Unitary Patent, which isn't going anywhere any time soon

THE EPO's management is having a hard time today. Benoît Battistelli will probably leave with no UPC in the bag and all these so-called 'reforms' were in vain. Destructive is an understatement.



"Benoît Battistelli will probably leave with no UPC in the bag and all these so-called 'reforms' were in vain."One person asked yesterday: "Are the British now blocking Germany from being true Europeans?"

As we wrote yesterday, Germany cannot proceed without the UK or even on its own, having made some sham votes at 1 AM in the morning. As one comment put it yesterday, "the time table for starting the UPC is in tatters. There is no uncertainty about this."

Here is the full comment:

Even if it is a provisional measure, the mere fact that the German constitutional Court stops the ratification process, shows that the objections raised by the "unnamed private person" must have some value. In the contrary, the Constitutional Court might not have gone so far.

We still have to wait whether the court will accept the petition, and in the affirmative, what the decision as to the merits will be, but the time table for starting the UPC is in tatters. There is no uncertainty about this.

There are further constitutional claims pending before it, but at the moment it is not clear if they are related to the present case, although they might touch upon a similar topic.

In a lecture before the MPI at the end of May, the former constitutional judge Prof. Broß expressed reservations about the constitutionality of the EPO and hence the UPC. Some of the arguments brought forward cannot be simply wiped away and ignored, although some people would like to do so.

We leave in interesting times!


That typo was later corrected with: "Sorry for the mishap: please read "We live in interesting times" and not "We leave in interesting times"."

“the former constitutional judge Prof. Broß expressed reservations about the constitutionality of the EPO and hence the UPC. Some of the arguments brought forward cannot be simply wiped away and ignored, although some people would like to do so.”
      --Anonymous
Indeed.

Well, we certainly hope that ordinary EPO staff understands that this is good news. It is their foe, Benoît Battistelli, who should be deeply worried right now. SUEPO has already taken note of this, having added a potpourri of links from the German media [1, 2, 3] and even the British media, which somewhat belatedly covers this setback for the UPC [1, 2]. We are very certain that some blogs and 'news' sites of legal firms will attempt to spin this soon (the subject of future posts of ours). The German media, which mostly ignored the EPO scandals, clearly realises that the UPC might not be happening at all... after all. Irrespective of whether the UK participates or not. The EPO is primarily based in Germany, the EU's largest economy. Without Germany, there will be no UPC. There are some interesting comments (does not require inside knowledge about the EPO) in The Register. "Obviously," the FFII's President wrote, "TheRegister keeps not mentioning the real constitutional problems, starting with rules of procedure not made by parliament(s)."

"The German media, which mostly ignored the EPO scandals, clearly realises that the UPC might not be happening at all... after all."He later said that the Germany-centric "FFII will submit another constitutional complaint in Germany against the Unitary Patent, still looking for deadlines..."

"Governments don't seem to care," said another person (an opponent of software patents), "they are supporting the EPO by supporting the UPC regardless of the problems..."

Watch the UPC dreamers stuck in denial. One of them wrote: "All, let's keep calm and wait to see what's behind it. Maybe it's easy to remedy, maybe not. Maybe just one last hick-up before launch."

Not really. Based on coverage from Bild and FAZ -- coverage that EPO staff is taking note of and which was much anticipated since yesterday -- this is a "halt", not just a delay. FAZ says that the "German Constitutional Court halts UPC ratification," according to a rough translation.

"Don't expect Germany or the UK to ratify any time soon and without them and their courts there's no prospect of starting anything."Managing IP, having promoted the UPC for years, admits the issue by stating: "Caught unawares by UPC delay in Germany? Ingve Stjerna predicted it in 2014! http://www.stjerna.de/index_en_htm_files/Unitarypatent_Constitution.pdf … .@ManagingIP #patent cc. @hwieduwilt"

It also said: "Germany about to put the final nail in the UPC coffin?"

Hey, the final nail in the UPC coffin?

That's 'our' phrase. ;-)

"For those of us who abhor patent trolls (the vast majority of people, albeit not patent firms), the demise of the UPC is good news."Oopsie (UPC) is not happening. Not any time soon. It's stuck in a limbo if not dying. Don't expect Germany or the UK to ratify any time soon and without them and their courts there's no prospect of starting anything. Don't believe those who claim otherwise.

People continue to pursue additional information while patent trolls, who bet their farm on the UPC, must be pursuing more bogus patents at the EPO. What good will these patents be if there's no UPC for them to sue the whole of Europe with (in one fell swoop)?

For those of us who abhor patent trolls (the vast majority of people, albeit not patent firms), the demise of the UPC is good news.

Recent Techrights' Posts

Perpetual Strikes to Begin at European Patent Office (EPO), Large Majority Votes for Strikes Any Day of the Week
Approved industrial actions [...] Notice how none of the media or even so-called 'IP' blogs write about it
 
Slides From the Presentation Discussing EPO Strikes Until End of June or Until End of 2026 (Maybe Next Year Too)
More to come soon (later today)
IBM Cuts Are Everywhere (Global), the Aim is to Lower the Pay
Because the revenues keep falling (IBM buys other companies' revenues using borrowed money)
Mozilla is Not a Privacy Company, Mozilla is Run by GAFAM Executives and Managers Who Came From American Surveillance Companies
Would you trust a VPN they claim to be "free"?
SLAPP Censorship - Part 25 Out of 200: That Time Matthew J. Garrett Got Temporarily Banned/Suspended From Twitter
That he gets banned from large social control media platform is hardly surprising given his combative communications
Ubuntu Started as Free With ShipIt, Now It Becomes Payware That Exploits Debian Volunteers (Slaves)
"Ubuntu" the distro now replaces the GNU components inherited from Debian with a bunch of Microsoft GitHub (proprietary) things that reject reciprocal licences
Last Night The Register MS Published a Fake Article. It Mentioned "AI" 27 Times.
Paid-for nonsense! [...] What's left of once-respectable news sites actively harms society
Links 27/03/2026: Google Executive (GAFAM, US, Surveillance) "Named the New BBC Head", Prominent Climate Scientist Resigns From NASA
Links for the day
Gemini Links 27/03/2026: "Being Busy" and "Posting Again"
Links for the day
GNOME Has No "Real" Executive Director, Only an IBM (Perma)'Interim' One With No Openings in Sight
GNOME is having financial problems
Microsoft Experiencing "Leadership Exodus"
Microsoft's current position is no better than Meta's (Facebook)
GNU/Linux Distros Should Reject "Age Verification" and Uphold Software Freedom for Users
It's not about protecting children
Slop Plunge
we can already "smell the blood" of the so-called 'AI industry'
IBM Media Puff Pieces While Layoffs Go On and On
Has the PR industry absorbed the press?
Media Says Microsoft Hiring Freezes, But There Are Already Microsoft Layoffs
They want the public to talk about Microsoft as if it's just not hiring when it is actually firing
Richard Stallman lynchings: Sruthi Chandran splitting Debian
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, March 26, 2026
IRC logs for Thursday, March 26, 2026
Links 26/03/2026: Tor Relay at National Taiwan Normal University, Copyright Hammers Fall
Links for the day
Gemini Links 26/03/2026: "The War of the Worlds" and "sometimes science is just the dumbest thing"
Links for the day
The World Wide Bots
The shape of the Web is so bad that bots exceed humans in some places
Links 26/03/2026: Solicitors Regulation Authority (SRA) Closes 101 Law Firms in 2 Years, "Please Compensate the Work You Appreciate"
Links for the day
Regaining Software Freedom Means Regaining Control Over Programs That Run on Our Devices
Richard Stallman will speak in Italy
Microsoft Secure Boot Removes Users' Choice
Has Greenland banned Microsoft and 'secure' boot yet?
IBM Pushes Workers Out, It Does Not Count Them as "Layoffs"
The number of IBM layoffs can be as large as tens of thousands per year
Hard to Find a Job After Working for Microsoft (Back Doors Giant, Bribery Hub)
It generally looks like people who chose to serve Microsoft's agenda don't end up too well
Microsoft Lost 31% Of Its Alleged "Value" in Five Months, Then It Got Downgraded
In 2026 Microsoft focuses on keeping the layoffs silent
Altering Perceived Reality to Make It Seem Like Microsoft is Thriving, Not Failing
pretend XBox did not die
SLAPP Censorship - Part 24 Out of 200: The Failed Effort by Brett Wilson LLP to Strike Out My Lawsuit and My Wife's Lawsuit Against Garrett (the Master Allowed Our Lawsuits to Proceed)
This is lawfare
Official New Figures Show That Solicitors Regulation Authority (SRA) Sees Rise in Dishonesty Among Law Firms Forcibly Shut Down ('Euthanised' Due to Misconduct)
It's rather if in our little country as many as 16 law firms were found to be so dishonest that they needed to be shut down
Back to Normalcy
In our datacentre at least
IBM is "Increasing Its Temporary and Part-time Headcount" While Net Headcount Falls (Despite Buying Many Companies and Their Workforce)
Headcount is a rather superficial yardstick.
Confluent Insiders: IBM Laid Off Over 800 at Confluent, Not Just 800
For the record, the layoffs at Confluent won't be over. After the bluewashing there will be "IBM RAs" impacting Confluent folks, aside from PIPs
EPO Union Decides to Continue Industrial Actions, Next Strike in Four Days
The latest strike had the highest participation rate
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 25, 2026
IRC logs for Wednesday, March 25, 2026
Microsoft's "Silent Layoffs" in Slop Clothing
"AI-powered transformation" is just a euphemism for mass layoffs
Where and How to Spot LLM Slop
Many people correctly perceive LLMs as a site's downfall, a step towards the abyss
Public Talk by Richard Stallman in Half a Day "at the Engineering and Architecture Campus of Cesena of the University of Bologna"
He'll probably attract a fairly large crowd
Gemini Links 26/03/2026: Buying a House, Stargazing, OFFLFIRSOCH 2026
Links for the day
Links 25/03/2026: Nations Return to Russian Oil and Burning Wood
Links for the day
Gemini Links 25/03/2026: Resisting Authoritarianism and Why Slop Needs to Go Away
Links for the day
Fedora Maintainer-ship Using Slop (Mistakes) Would Make Fedora Less Reliable
It won't produce reliable code or stable systems one can rely upon
IBM's "Legacy Employees" (Experienced Workers, IBM Management Dubs Them 'Dinobabies')
This notion of "legacy employees" seems like something overlapping with "expensive" (well paid) staff, even if not entirely equivalent
EPO's "Current Industrial Actions Are Likely to Intensify Further."
There is another strike in 5 days
This Morning The Register MS Published Slop Promotion With the Term "AI" 15 Times In It. The Register MS Was (As Usual) Paid to Do This
This is not a serious publisher
SLAPP Censorship - Part 23 Out of 200: We Were Right All Along (for 2 Years) About Third Party Funding and Willingness to 'Break the Bank' in Pursuit of "Revenge"
How much damage can a person do to oneself in pursuit of cover-up of legitimate technical concerns?
Gnome Foundation Inc is in Trouble
the agenda is set GAFAM and IBM rather than donors
Links 25/03/2026: Airports Further Militarised, "Slopification and Its Discontents", Microsoft 'Open' 'Hey Hi' Shutting Things Down
Links for the day
Gemini Links 25/03/2026: Blogging Fright and Absolutely Useless 'Apps' Made by Slop Machines
Links for the day
Rise in Energy Prices Will Significantly Accelerate the Death of So-called "AI Companies"
It should be noted that fake news about Microsoft OpenAI doubling workforce (mere words, not actions) can serve as a nice distraction from the death of Sora due to divestment
It's Always a Question of Trust
There's a widespread stigma of lawyers being manipulative and chronically dishonest
Solicitors Regulation Authority (SRA) Must More Carefully Investigate or Assess the Financial State of Law Firms in the UK
We'll cover this in depth in the future
GAFAM Mozilla Removes Theora Support, Now GNU Needs to Re-encode Videos
Mozilla used to mean something to Free software advocates
An Open Admission Profits Depend on Addiction
Proprietary software tends to be like this
IBM Americas President Ayman Antoun Comes to OpenText, Weeks Ahead the Mass Layoffs Begin
Is that what IBM will be good at?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 24, 2026
IRC logs for Tuesday, March 24, 2026